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The author:(作者)qqpublished in(发表于) 2014/7/5 8:40:25 Supreme Court intends to extend legal aid to death penalty review stage
The Beijing News (reporters Xu Luyang) "all phases of judicial review of death sentence the accused, regardless of whether or not to hire a lawyer, and all want them to be legal aid. "Yesterday, the reporter learned from a source close to the Supreme People's Court who was informed by the Supreme law being established to review death penalty stage the accused should have legal aid systems, while also ensuring that counsel have, investigation and evidence collection, reflecting the concerns, access to information and other rights.
Earlier, Liu Renwen, a Director of the Research Office of the Chinese Academy of social sciences law criminal law has written suggested that Supreme enactment of the law on provision of legal assistance in the review of death sentences for the defendants issued the notice, require Supreme Court meet in death penalty cases, the defendant does not entrust shall notify the legal aid institution, assignment of counsel for his defence.
Liu Renwen, currently, in the Supreme Court to review the death penalty phase, if the defendant due to economic difficulties or other reasons, without lawyers, Supreme Law did not appoint a lawyer to provide legal assistance. In his view, this unfavorable to ensure the quality of death penalty cases, and the closest Supreme Court confirmed that in the review phase of the death penalty, still a lawyer to defend the accused was "very low", resulting in the review phase of the death penalty, legal space.
"Is to fill this gap now, or at least not make defendant's absence left the legal gap. "This person said, at present, the Supreme Court continues to improve China's existing system of judicial review of death sentences as possible, at present, if the Supreme Court does not approve a death penalty case and listen to the Supreme People's Procuratorate.
Secret
1 case the trial arraignment the defendant
This person close to Supreme Court, also introduced the Supreme Court Trial Division, in some criminal cases, death penalty review stage of the process and considerations. According to reports, the need to review death penalty cases are often collected by lianting, then according to the geographic scope, comprehensive full of the types of cases to the individual Chambers.
Each of the collegial panel in charge of a province, but more cases in some provinces, requires two or more full commitment. According to specific needs, usually composed of one Chief Judge and 2 judges to form small panels. 3 people, including a referee and 2 comments. Among them, the trial must be reviewed many times entire cases from beginning to end. "Like Qingdao Nie Lei black-related cases, there are more than 270 copies of case files alone, and after a trial, procedure of judicial review of death sentence cases in second instance, the file must have at least a dozen books. ”
Therefore, the referee paperwork burdensome, but when necessary, the trial still out of research, one of the main tasks is to appear, because some areas inaccessible, except the scene appear outside the trial can also be videos appear. In addition, the trial if necessary, have access to a lawyer.
Eventually, reviewed by the referee to write reports. These people emphasized that failing to allow copying a report instance and the second instance trial. Marking another two judges wrote comments, again by 3 people comment, the appraisal report, will review the reports and comments submitted to the competent Vice President, the President of the review.
2 joint meetings of the presiding judge faulted problematic case
These people say, death penalty review cases are mainly divided into two cases, one is for the most part, that is clear, the evidence fully, but in the "killing and not killing", "immediate execution or a stay of execution of the death penalty," make a trade-off between, other is a small number of cases, there are in fact problems, or chain of evidence is difficult, and some evidence of authenticity and validity in doubt.
According to the China News weekly reports, if the judges cannot agree, will be submitted to the joint meeting of the presiding judge to discuss. Presiding judge at the Joint Conference is still unable to come to an agreement, the trial Committee of the Supreme Court has the final word.
These parties, Presidents, Vice Presidents and every full Court presiding judge may participate in the joint meeting of the presiding judge, said at the meeting, will hear reports on case undertakers. "Sometimes a 2-4 case to be discussed this morning, so reporting may 10-20 minutes over. The presiding judge will form a majority opinion of the joint meeting, decided the verdict. " Meanwhile, remains in charge of the case, judges refused to accept the verdict of the joint meeting of the collegial panel, repeatedly asked "will" situation. The presiding judge, at the joint meeting in order to investigate cases, sometimes asks the forensic issues.
According to China Newsweek reported that more stringent review of death sentences in criminal cases than in civil cases, form approval of comments in the courtroom, criminal cases to be presented to Commissioners in charge of Vice-President or the Judicial Committee, and major complex cases remains to be sent to the Criminal Justice Committee.
3 the Supreme Court direct revision
Criminal judicial review of death sentence cases, approved by the Supreme Court are classified, approved or not approved. "Approval, generally carried out within 7 days. "The source said.
If you do not approve of the death penalty, is divided into two cases, one is remanded, are for the most part. Other commute directly by the Supreme Court, but only on the same case there are two or more defendants, "one of the men killed, another person is not wrong, just from the evidence, and grasp of policy, can not kill, changed to a reprieve or life imprisonment. ”
(Original title: legal aid to be extended to review death penalty phase)
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